C & O Group

Privacy Policy

This Privacy Policy sets out when and why we collect personal information, how we use it and how we keep it secure. We may collect, use and store your personal data, as described in this Privacy Policy. We will also explain at the point of data capture how your personal information will be used. We will always comply with the General Data Protection Regulation (GDPR) when dealing with your personal data. Further details on the GDPR can be found at www.ico.gov.uk.

Who are we?

C&O Tractors Ltd, (incorporating C&O Construction, C&O Garden Machinery, C&O Procurement and VUGOT) the data controller of this website. We are a UK private limited company with company number 3431352. Registered office C&O Tractors, Blandford Heights, Blandford, Dorset, DT11 7TF. We can be contacted by phone (+44(0)1258 451 221) or email enq@candotractors.co.uk

Why this policy exists

This privacy policy ensures C&O Tractors Ltd;

Complies with data protection law and follows good practice

Protects the rights of staff, customers and partners

Is open about how it stores and processes individuals’ data

Protects itself from the risks of a data breach

Policy Scope

This policy applies to all branches, staff, contractors, suppliers and other people working on behalf C&O Tractors Ltd. It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the Data Protection Act 1998. This can include:

Names of individuals

Postal addresses

Email addresses

Telephone numbers

Other information relating to individuals

What data we collect and why

Type of data

Purposes/Use

Legal basis of processing

Invoice payers’ name, address, telephone number, email address

Processing your payment. Details are stored on IBCOS Gold.

Performing our contract with our customers. For the purpose of our legitimate interests.

Processed by Google Analytics to help us monitor usage of our website.

Consent. When you first visited our site, you were asked to consent to the use of cookies.

Data Protection

We will never transfer your personal data outside the EU without prior consent with the exception of MailChimp and Google (see “Third parties” section)

We have taken a number of steps to protect your personal data from loss, misuse and unauthorised access.

For payments taken in store on credit cards we use the secure, recognised payment systems Global Payments and Barclaycard.

We will never sell your personal data.

We will not share your personal data with any third parties without your prior consent. However, we may need to pass your personal data to third parties for the purpose of fulfilling services you have requested (for example passing your details to manufacturers regarding warranty).

We will notify you promptly in the event of any breach of your personal data. Note: please be aware that we cannot guarantee that transferring information over the internet always be 100% secure.

How long do we keep your data?

We will hold your personal data for as long as you are a C&O customer and for as long afterwards as it is in our legitimate interest to do so. This will generally be for up to 7 years.

We review collected personal data bi-annually to establish whether we are still legally entitled to process and retain it.

For payments completed via telephone, we will securely destroy your payment information as soon as we have used it to process your order.

Visitor tracking

Like almost all websites, we use Google Analytics (GA) to track how you interact with our website. This helps us understand how people find and use our website, allowing us to make changes to improve usability and user experience. GA stores data such as your location, device, internet browser and operating system. This does not enable us to identify you personally. Furthermore, GA record’s your device’s IP address. This could allow Google to personally identify you but we do not have access to this information. You can disable cookies on your internet browser to stop GA from tracking your usage of this site. We consider Google to be a third party data processor. See “Third Parties” section below.

Email newsletter

This website enables you to sign up to our email newsletter. Any details you submit will be forwarded to our own Customer Relationship Management (CRM) system (IBCOS Gold) and also MailChimp (who we use for email marketing services). If you choose to sign up to our email newsletter, your personal details will not be stored in a database on our own website or on any of our internal computer systems. Your personal details will remain within MailChimp until you request removal from the newsletter. We provide unsubscribe links in every email newsletter than we send to you. You can also request that we remove you by contacting us. If you would like your personal details to be removed from our own CRM systems, please contact us at mydata@candotractors.co.uk . We consider MailChimp to be a third party data processor. See “Third Parties” section below.

Contact forms

If you choose to contact us using any enquiry forms on our website, the data that you enter will be stored by this website.

External websites and social networks

Our website may contain links to external websites including social networking websites which are not affiliated with or controlled by us. These external websites may collect your personal data and also use cookies. Examples include Facebook, Twitter and LinkedIn. We are not responsible for these external websites including their security and privacy of any information they collect. Please review the privacy policies of each external website you visit.

Cookies

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping baskets, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers

Server information

This website is hosted by FAST2HOST within a UK data centre. All traffic handled by this website is encrypted and delivered over HTTPS.

Third parties

We use third parties to provide services that are crucial to the management and growth of our business. These third parties process personal data on our behalf. We have carefully selected these third parties.

We will report any unlawful data breach of our own data or our third party’s data to all relevant people and authorities within 72 hours of the breach. Your rights Under GDPR, you have to right to:

Request access to your personal data

To be provided with information about how your personal data is processed and used by us

To have your personal details corrected

To have your personal data removed from our systems

In certain circumstances have your personal data transferred to another business if required

To object to how your personal data is processed

You are able to complain to the Information Commissioner if you feel we have unlawfully processed your personal data: https://ico.org.uk/concerns/

Updating your preferences

If at any time you would like to change how we are able to communicate with you please visit our preference centre which you will find a link to at the bottom of every marketing email we send to you. Alternatively you can contact us and we will be happy to discuss your current contact preferences and make any changes required;

If legislation is updated or we decide to change the providers of third party services, this privacy policy may change. It is not possible for us to notify all website users of all changes so we recommend that you occasionally check this page for updates. Specific changes will be mentioned below this point.

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping baskets, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.

1 Interpretation
1 The definitions and rules of interpretation in this condition apply in these conditions.
1.1.1 “Buyer” the person, firm or company who purchases the Goods from the Company;
1.1.2“Company” C&O Tractors Ltd
1.1.3 “Contract” any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions;
1.1.4 “Delivery Point” the place where delivery of the Goods is to take place under condition 4;
1.1.5 “Goods” any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

2 Application of terms
2.1 Subject to any variation under condition 2.2 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
2.3 Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
2.4 No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.
2.5 Any quotation is given on the basis that no Contract shall come into existence until the Company despatches an acknowledgement of order to the Buyer or (if earlier) the Company delivers the Goods to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.

3 Description
3.1 The quantity and description of the Goods shall be as set out in the Company’s quotation or acknowledgement of order.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them.

4 Delivery
4.1 Unless otherwise agreed,delivery of the Goods shall take place at the Company’s place of business
4.2 The Buyer shall take delivery of the Goods within 7 days of the Company giving it notice that the Goods are ready for delivery.
4.3 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
4.4 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180 days.
4.5 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
4.5.1 risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence);
4.5.2 the Goods shall be deemed to have been delivered; and
4.5.3 the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
4.6 The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for loading the Goods.

5 Non-delivery
5.1 The quantity of any consignment of Goods as recorded by the Company on despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
5.2 The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.
5.3 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

6 Risk/title
6.1 The Goods are at the risk of the Buyer from the time of delivery. Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of : 6.1.1 the Goods; and
6.1.2 all other sums which are or which become due to the Company from the Buyer on any account.
6.2 Until ownership of the Goods has passed to the Buyer, the Buyer shall:
6.2.1 hold the Goods on a fiduciary basis as the Company’s bailee;
6.2.2 store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property;
6.2.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
6.2.4 maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.
6.3 The Buyer may resell the Goods before ownership has passed to it solely on the following conditions:
6.3.1 any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and
6.3.2 any such sale shall be a sale of the Company’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale.
6.4 The Buyer’s right to possession of the Goods shall terminate immediately if:
6.4.1 the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or
6.4.2 the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or
6.4.3 the Buyer encumbers or in any way charges any of the Goods.
6.5 The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.
6.6The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
6.7 Where the Company is unable to determine whether any Goods are the goods in respect of which the Buyer’s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.
6.8 On termination of the Contract, howsoever caused, the Company’s (but not the Buyer’s) rights contained in this condition 6 shall remain in effect.

7 Price
7.1 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company’s price list published on the date of delivery or deemed delivery.
7.2 The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods.

8 Payment
8.1 Subject to condition 8.4, payment of the price for the Goods is due in pounds sterling on the fifteenth working day of the month following the date of invoice.
8.2 Time for payment shall be of the essence.
8.3 No payment shall be deemed to have been received until the Company has received cleared funds.
8.4 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
8.5 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
8.6 If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such sum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and no further Goods will be supplied until payment has been received. The Company shall also be entitled to withdraw any special terms, discounts or rebates which have or are intended to apply with respect to any current or future Contract and to recover from the Buyer the costs incurred by the Company in the collection of any such sums.

9 Quality
9.1 The Company warrants that (subject to the other provisions of these conditions) on delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
9.2 The Company shall not be liable for a breach of the warranty in condition 9.1 unless:
9.2.1 the Buyer gives written notice of the defect to the Company, within 14 days of the time when the Buyer discovers or ought to have discovered the defect; and
9.2.2 the Company/manufacturer is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business for the examination to take place there.
9.3 The Company shall not be liable for a breach of the warranty in condition 9.1 if:
9.3.1 the Buyer makes any further use of such Goods after giving such notice; or
9.3.2 the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
9.3.3 the Buyer alters or repairs such Goods without the written consent of the Company.

10 Limitation of Liability
10.1 Subject to conditions 4, 5 and 9, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
10.1.1 any breach of these conditions;
10.1.2 any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
10.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
10.3 Nothing in these conditions excludes or limits the liability of the Company:
10.3.1 for death or personal injury caused by the Company’s negligence; or
10.3.2 for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
10.3.3 for fraud or fraudulent misrepresentation.
10.4 Subject to condition 10.2 and condition 10.3:
10.4.1 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
10.4.2 the Company shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

11 Assignment
11.1 The Company may assign the Contract or any part of it to any person, firm or company.
11.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.

12 Force Majeure
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

13 General
13.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
13.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
13.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
13.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the [exclusive] jurisdiction of the English courts.

14 Communications
14.1 Any notices required to be given under the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:
14.1.1 (in case of notices to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or
14.1.2 (in the case of notices to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer.
14.2 Notices shall be deemed to have been received:
14.2.1 if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
14.2.2 if delivered by hand, on the day of delivery; or
14.2.3 if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
14.3 Notices addressed to the Company shall be marked for the attention of The Managing Director.